If you fall because of some spilled material on the floor, how do you prove the property owner–condo, restaurant, store, etc. –was aware of the spilled material? Because if you want to make a recovery, it is necessary to prove that the property owner knew the spilled material was there, and didn’t clean it up.
These are cases involving “foreign transitory substances,” and they can be very difficult to win. Florida law books are full of cases where it was clear that:
– the injured party fell,
– clear that he or she sustained a serious injury, and clear that
– it happened on the defendant’s property.
But even with all that, such cases are routinely thrown out of court, because the injured party couldn’t show that the defendant knew or should have known that there was spilled material on the floor.
These “spilled material” cases are different from cases where the fall resulted from some construction defect–like change in level, inadequate lighting, faulty stairs and so forth. Where such defects exists and a fall results, the question becomes did the property owner/operator create the defect, or know about the defect and fail to repair it.
But those cases differ from when you have to show that the business knew about spilled material on the floor and didn’t clean it up. This can be difficult to do.
For one thing, to prove notice, you can show that it was in plain view of the business’s employees. But here, the court’s have held, you must show that the employee was in immediate presence of the spill.
When you don’t have direct evidence showing that the business knew of the spill, you can use circumstantial evidence to show that it should have known of the spill. For instance, when a visitor to the condo’s storage facility slipped and fell on liquid on the facility’s floor, the injured party was able to show:
– foot prints and smudge marks
– the size of the puddle
– the dried condition of the puddle
– liquid dripping slowly from storage locker
– daily visits to the storage facility by the condo’s security and janitorial services
With this proof in hand, a Florida appellate court reversed a trial court’s ruling for the defense, and ruled that the plaintiff was entitled to his day in court, and that it should be left to a jury to decide.
After a fall, it is wise:
– to report the occurrence, and
– to take pictures if possible
– don’t decline first aid if you might be hurt
– identify by name and number any possible eyewitnesses
– have your attorney notify the business to secure any video that may show the fall, or the conditions at the time.
In my practice, I always visit the scene of the fall with my client, because there’s no substitute for a scene visit to reconstruct what happened, and to prepare a winning case.
